Ortiz-Hernandez v. The TJX Companies, Inc.
| Evelyn Ortiz-Hernandez |
| The TJX Companies, Inc. |
| 1:2023cv04245 |
| June 8, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: The proposed Confidentiality Agreement #10 is so ordered. The Court strikes Paragraph 9 which is inconsistent with the Second Circuit's standards for filing of materials under seal and the procedures for seeking sealing of such materials. Those standards and procedures, referenced in the Court's Individual Practices, (Judge Bulsara's Individual Practices IV.D), govern any filing of material marked confidential under this Order. To the extent that any other portion of the Confidentiality Agreement is inconsistent with this Court's procedures for sealing or limiting the distribution of documents or the standards governing the ability of this Court to permit the sealing or distribution of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/25/2023. (MD)
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| Filing 10 STIPULATION Confidentiality Agreement to be So-ordered by The TJX Companies, Inc. (Feferman, Irina) |
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SCHEDULING ORDER: A settlement conference will be held on 9/11/2023 at 2:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions to the Chambers' email address no later than 9/8/2023 at 5:00 P.M. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/17/2023. (MD)
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Filing 9
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #8 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 7/13/2023. (BH)
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ORDER: In response to the parties' proposed case management plan requesting a settlement conference, see ECF No. #8 , the Court respectfully refers this case, for settlement purposes only, to Magistrate Judge Bulsara to conduct a settlement conference on a date agreed upon with Judge Bulsara.The parties must diligently pursue their discovery obligations concurrently with their settlement efforts in accordance with the deadlines in the Court's scheduling order. See ECF No. #9 . The Court will not consider the fact that the parties have been pursuing settlement negotiations by itself to constitute good cause for any further discovery extensions. Ordered by Judge Hector Gonzalez on 7/13/2023. (BH)
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| Filing 8 Letter Joint Letter and Proposed Case Management Plan to be So Ordered by The TJX Companies, Inc. (Feferman, Irina) |
| Filing 7 STATUS REPORT Joint Letter by The TJX Companies, Inc. (Feferman, Irina) |
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ORDER: Based on the representations in Plaintiff's portion of the parties' joint letter, see ECF No. #7 , the Court declines to impose any sanctions on Plaintiff or her counsel. In the future, however, if Plaintiff's counsel is unable to provide information required by one of the Court's orders due to delays in receiving communications from Plaintiff, then Plaintiff's counsel shall timely request an extension, according to Section I.D of the Court's Individual Practices, rather than failing to respond to the order. Future failures to respond to Court orders will likely result in sanctions.Based on the parties' joint letter, see ECF No. #7 , the Court concludes that this case was properly removed and declines to remand the case to state court. The parties shall file the joint letter and proposed case management plan required by the Court's prior scheduling order, see ECF No. #6 , on or before July 13, 2023. Ordered by Judge Hector Gonzalez on 6/28/2023. (BH)
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ORDER: The Court has twice ordered Plaintiff to file a letter explaining her position on whether Defendant's removal of this case from state court was proper. Plaintiff has missed both deadlines without explanation. The parties shall file a joint letter no longer than five pages on or before June 29, 2023, describing their respective positions on the propriety of removal, and Plaintiff's portion of the joint letter must explain why the Court should not sanction Plaintiff or her counsel for failing to comply with two unambiguous orders. Ordered by Judge Hector Gonzalez on 6/26/2023. (BH)
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ORDER: The Court previously ordered Plaintiff to file a letter on or before June 15, 2023, explaining her position regarding whether this case was properly removed from state court. Plaintiff has neither filed that letter nor requested an extension of her time to do so. Plaintiff shall file her letter required by the Court's order on or before June 22, 2023, and Defendant shall file its responsive letter on or before June 29, 2023. Ordered by Judge Hector Gonzalez on 6/16/2023. (BH)
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Filing 6
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by July 13, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case.Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 6/8/2023. (BH)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
| Filing 3 NOTICE of Appearance by Irina Feferman on behalf of The TJX Companies, Inc. (aty to be noticed) (Feferman, Irina) |
| Filing 2 Corporate Disclosure Statement by The TJX Companies, Inc. (Attachments: #1 Certificate of Service Certificate of Service) (Leibowitz, Allison) |
| Filing 1 NOTICE OF REMOVAL by All Defendants The TJX Companies, Inc. a/k/a HomeGoods from Supreme Court, case number 515592/2022. ( Filing fee $ 402 receipt number ANYEDC-16777707) (Attachments: #1 Exhibit A- Summons and Complaint, #2 Exhibit B-Verified Answer, #3 Exhibit C-Plaintiff's Response, #4 Exhibit D-Plaintiff's Discovery Responses, #5 Exhibit E-HomeGoods Correspondence, #6 Exhibit F-Preliminary Conference Order, #7 Exhibit G-HomeGoods Correspondences, #8 Exhibit H-Compliance Conference Order So-Ordered, #9 Exhibit I- Notice of Motion and Affirmation in Support, #10 Certificate of Service Certificate of Service, #11 Civil Cover Sheet Civil Cover Sheet) (Leibowitz, Allison) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before June 15, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendant complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendant may file a responsive letter no longer than three pages on or before June 22, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 6/8/2023. (BH)
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| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
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| Plaintiff: Evelyn Ortiz-Hernandez | |
| Represented By: | Alexander Roytblat |
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| Defendant: The TJX Companies, Inc. | |
| Represented By: | Irina Feferman |
| Represented By: | Allison C. Leibowitz |
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